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2012 Supreme(Pat) 995

NAVANITI PRASAD SINGH
Basudeo Prasad – Appellant
Versus
State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Maruti Kumari, Ram Hriday Prasad.
For the Respondents: Mr Binit Kumar.

ORAL ORDER

By this writ petition, the petitioner has challenged that part of the order of the DIG, BMP which was passed on or about 09.06.1997, as contained in Annexure 1, to the extent it denies the petitioner back wages consequent to his reinstatement from dismissal.

2. It appears that petitioner was selected for appointment as a Constable in BMP 14 and was sent for one year training. Apparently while he was in training, he was summarily dismissed by order dated 17.10.1989. Petitioner filed an appeal before the DIG who, by his order dated 07.02.1990, remanded the matter for reconsideration. The order was not reconsidered but reaffirmed. Against this, the petitioner appears to have preferred a Memorial before the Inspector General, BMP who sent it to DIG, BMP, Central Zone for hearing and deciding the matter. By order dated 09.06.1997, the DIG passed the order, part of which is impugned. DIG clearly noted in the order that in the first three months of probation, a probationer could be terminated without show cause. In the present case, action was taken much after a year. What was the charge is not clear. Admittedly, no departmental proceeding at all was initiated nor any show caus













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